Legal Question in Traffic Law in New York

unlawful stop

I was in a parking lot at the local Town hall, sitting on my motorcycle and talking on the cell phone when a state police cruiser pulled around behind me, sat there for a few minutes, then pulled away. I got off the phone, put on my helmet and drove away. When i pulled on the main road, I noticed what looked like the police car sitting a few hundred yards up the road, pulled over and waiting. Cars drove by from both directions, but the officers did nothing. AS i drove up the road, scrupuosly obeying the speed limit since I had seen the car, one of the officers walked out into the street and held up a hand, indicating i should pull over. After checking through my paperwork, he discovered I was driving the motorcycle on a learner's permit only, a violation of the law. My question is, while I was clearly breaking the law, did the officers have a right to pull me over when I hadn't violated any laws that they knew of? It seems like they were just waiting for me, which seems like entrapment of some sort. Also, if it was an illegal stop, what do i do short of hiring a lawyer? It will probably be a $50 fine, so it's not worth a $500 lawyer fee, but I'd rather get it dismissed.


Asked on 4/30/03, 6:23 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: unlawful stop

When you receive a drivers license you impliedly consent to produce it once you enter upon a public roadway. The stop was proper. If you desire further advise or representation, you may contact my office @ 718-834-0087.

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Answered on 5/02/03, 2:52 pm


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